Administrative acts extempted from judicial review by administrative courts

Author:Marta ? Claudia Cliza
Position:Associate Professor, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email: cliza_claudia@yahoo.com).
Pages:26-33
SUMMARY

The Romanian legislation, meaning by this Law no. 554/2004, creates in article no. 5 a special regime for some administrative acts which will be considered as exceptions from the “common administrative procedure”. These acts are not subject to the review of the courts, the exception being a total one or a partial one as it will be described in this study. The existence of the administrative... (see full summary)

 
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LESIJ NO. XXI, VOL. 2/2014
ADMINISTRATIVE ACTS EXTEMPTED FROM JUDICIAL
REVIEW BY ADMINISTRATIVE COURTS
Marta Claudia CLIZA*
Abstract
The Romanian legislation, meaning by this Law no. 554/2004, creates in article no. 5 a special regime
for some administrative acts which will be considered as exceptions from the “common administrative
procedure”. These acts are not subject to the review of the courts, the exception being a total one or a
partial one as it will be described in this study. The existence of the administrative procedure does not
mean an absolute control on the administration. This is in fact th e main reason why this article was
included in Law no. 554/2004 and all implications will be described in this study.
Keywords: Constitution, administrative acts, pleas of inadmissibility, Law no. 554/2004,
contentious-administrative courts.
1. Introduction *
The administrative control is not and
will never be an absolute one, without limits,
so that once with the idea of such a control
has also arisen the idea of some categories of
acts that are to be removed from the scope of
the control of the courts.
Traditionally, these acts have been
called “pleas of inadmissibility”, meaning
administrative acts that are exempted from
the full or partial review of the contentious-
administrative courts.
Owing to the fact that the existence of
such acts falls into the category of the
exceptions, the importance of the concept
and each category analysis involves a great
importance for the theorists and practitioners
of the administrative law.
* Associate Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (email:
cliza_claudia@yahoo.com).
1
Law no. 554/2004 was amended and supplemented by the G.E.O. no. 190/2005 (Official Gazette no. 1179 of
28.12.2005), Law no. 262/2007 (Official Gazette no. 510 of 30.07.2007), Law no. 97/2008 (Official Gazette no. 294
of 15.04.2008), Law no. 100/2008 (Official Gazette no. 375 of 16.05.2008), Law no. 202/2010 (Official Gazette no.
714 of 26.10.2010) and Law no. 299/2011 (Official Gazette no. 916 of 22.12.2011), Law no. 76/2012 (Official
Gazette no. 335/30.05.2012), Law no. 187/2012 (Official Gazette no. 757 of 12.11.2012), Law no. 2/2013 (Official
Gazette no. 89 of 12.02.2013)
2. The analysis of the administrative acts
exempted from the judicial review by the
courts theoretical and practical
implications
This analysis is based on the current
wording of art. 4 of Law no. 554/2004
1
,
which provides the following:
(1) The following shall not be brought
before the contentious-administrative court:
a) the administrative acts of the public
authorities concerning their relations with
the Parliament;
b) the acts of military command.
(2) The administrative acts for which
amendment and dissolutions provided
another judicial procedure by an organic law
shall not be b rought before the contentious-
administrative.

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